In the explanatory note on some of the main clauses of the gazetted 2024 draft constitution, the government stated that maintaining police detention powers at 72 hour sallows law enforcement agencies adequate time to thoroughly investigate and gather evidence in complex cases before deciding whether to charge an individual or release them.
Additionally, the government stated that reducing the detention period to 48 hours could limit the ability of law enforcement to conduct a comprehensive investigation and may compromise their ability to protect public safety effectively.
“A shorter detention period may also hinder the ability of law enforcement to effectively question suspects and obtain critical information promptly”, the explanatory note stated.
It went further that it would potentially
impede their ability to prevent future crimes or identify potential threats to public safety, arguing that reducing detention powers to 48 hours may result in increased pressure on law enforcement agencies to make hasty decisions regarding charging or releasing suspects, which could compromise the integrity of the investigative process and lead to mistakes or wrongful convictions.
While protecting individual rights to personal liberty, the government stated that it is important to strike a balance with the need to safeguard public safety and ensure that law enforcement agencies have the necessary tools and time to carry out effective investigations.
“Maintaining a 72-hour detention period allows for this balance to be maintained, ensuring that the rights of both individuals and the public are respected and protected.”
